| In the case where you are considering divorce, almost | | | | requirements for eligibility, or can agree on important |
| regardless of the reasons behind your decision, it is | | | | issues beforehand like if it was a marriage lasting |
| important that you be aware of just what is involved in | | | | under 5 years, there were no children (or, in some |
| obtaining a divorce in the US. | | | | states, the couple have resolved custody and set |
| In general, the laws of each state set out specific | | | | payments for child support), there was minimal or no |
| reasons for a divorce which have to be proven | | | | real property (there was no mortgage on a house or |
| before the court is allowed to grant it. This can be | | | | condo), the property owned by the married couple is |
| under a no-fault heading, an all-fault heading, and a | | | | under a threshold (around $35,000, not including |
| summary heading. In recent years some less | | | | vehicles), and the personal property of each spouse is |
| adversarial ways to approach to divorce settlements | | | | under a set threshold (typically the same amount as |
| have emerged, like mediation and collaborative divorce, | | | | marital property). A simple divorce where both couples |
| to negotiate mutually acceptable resolutions to conflicts | | | | agree on how the divorce should be handled and |
| for a couple. | | | | assets divided is also known as an uncontested |
| At-fault divorces were originally the only way to | | | | divorce. |
| dissolve a marriage, and people who had differences | | | | It is estimated that in the US upwards of 95% of all |
| or problems were only able to separate, and were | | | | divorces are uncontested, since the two parties are |
| prevented from legally remarrying afterward. The | | | | able to come to an agreement (with or without |
| state of New York is the only one which still requires | | | | lawyers/mediators) about the property, children and |
| fault to obtain a divorce. In an at-fault divorce, one | | | | support issues. When the parties are able to agree |
| party usually brings divorce proceedings against the | | | | and present the court with a fair and equitable |
| other due to some breech of marriage regulations like | | | | agreement, approval of the divorce is almost certain. In |
| adultery, abandonment or cruelty. | | | | the case where the two partners cannot come to an |
| Comparative rectitude is the name given to a doctrine | | | | agreement, they may ask the court to decide how to |
| used to determine which spouse is more at fault in | | | | fairly split property, deal with children and custody |
| divorce proceedings when both spouses are found to | | | | issues, and so forth. |
| be guilty of breaches. This kind of divorce can affect | | | | Residency requirements to file for a divorce vary from |
| the distribution of property, and will allow an immediate | | | | state to state. In some states, like Colorado, residency |
| divorce, especially in states where there is a waiting | | | | requirements are very liberal to accommodate military |
| period required to obtain a no-fault divorce. A defense | | | | personnel who have to move often for tours of duty, |
| for this type of divorce can turn out to be expensive | | | | while other states, like New York, require that you live |
| and is not usually practical since most divorces are | | | | in them for a minimum of a year with the intention of |
| eventually granted anyway, especially when a society | | | | making this your permanent state of residence. A |
| comparable to that in the US is not interested in forcing | | | | spouse may separate, move to a state with divorce |
| people to remain married any longer. Remember, | | | | laws of their choice, establish residency, and file. |
| marriage in the US also has legal ramifications, so if | | | | However, this typically does not change the state in |
| you do not want to be married anymore, you need to | | | | which property and other issues are decided, and it is |
| get divorced, it is much more than simply taking the | | | | possible for a court to decide not to hear a petition for |
| mental attitude of no longer being married. | | | | divorce if it decides that it does not have legal |
| Under a no-fault divorce set of rules, a marriage | | | | jurisdiction to do so based on residency issues. |
| partner does not need to show that the other | | | | A final consideration to be made when considering |
| marriage partner did anything, or was at fault in order | | | | where/if to file for divorce is the laws concerning the |
| to obtain a divorce. Many common reasons for | | | | distribution of property and division of assets. States |
| no-fault divorce can be incompatibility, irreconcilable | | | | like Alabama are considered to be an "equitable |
| differences, and irremediable breakdown of the | | | | distribution" state which means that all property |
| marriage. In the United States, currently 49 states have | | | | acquired during the marriage is divided equally among |
| adopted no-fault divorce laws. | | | | the two parties. In other states, like California, assets |
| In states that grant no-fault divorces, there may be a | | | | can be awarded to a spouse from the other based on |
| waiting period of up to a year before the divorce is | | | | economic need, and in still others, like Alaska, even |
| considered final. Other requirements include mandatory | | | | though it is an equitable distribution state, in some |
| counseling to see if reconciliation can be achieved if | | | | jurisdictions in the state, women have little or no rights |
| one party does not agree to the divorce, either | | | | to marital property. In some states, alimony is awarded |
| dependent on an amount of time set by the court, or | | | | to the stay-at-home spouse, where in others, alimony |
| for a predetermined amount before the divorce may | | | | is paid by the spouse making the most to the spouse |
| even be applied for, | | | | making the least, despite the one needing to get child |
| A summary (or simple) divorce, available in some | | | | support because they have actual custody. |
| jurisdictions, is used when spouses meet certain | | | | |